Daily Comment on News and Issues of Interest to Michigan Lawyers

11/29/2010

Outsourcing Legal Work: Your Chance to Weigh in Early on the Ethics of It

The ABA's Commission on Ethics 20/20 has just released a discussion draft of proposed changes to the Model Rules of Professional Conduct on the topic of legal outsourcing, and they want to know what you think. If you want a sort-of quick tutorial on the history of outsourcing, the draft is right up your alley. And check out this proposed comment to Rule 1.1 to gauge where things might be headed and whether you want to comment:

A lawyer may retain other lawyers outside the lawyer’s own firm to provide or assist in the provision of legal services to a client provided the lawyer reasonably concludes that the other lawyers’ services will contribute to the competent and ethical representation of the client. The reasonableness of the conclusion will depend upon the circumstances, including: the education, experience and reputation of the nonfirm lawyers; the nature of the services assigned to the nonfirm lawyers; and the legal and ethical environment in which the services will be performed. When retaining lawyers and others outside the lawyer’s own firm, the requirements of Rule 5.5 (a) must be observed. When using the work of nonfirm lawyers in providing legal services to a client, a lawyer must also reasonably conclude that such work meets the standard of competence under this Rule. If information protected by Rule 1.6 will be disclosed to the nonfirm lawyers, informed client consent to such disclosure may be required. For example, if the rules, laws or practices of a foreign jurisdiction provide substantially less protection for confidential client information than that provided in this jurisdiction, the lawyer should obtain the client’s informed consent to such disclosure.

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Outsourcing Legal Work: Your Chance to Weigh in Early on the Ethics of It

The ABA's Commission on Ethics 20/20 has just released a discussion draft of proposed changes to the Model Rules of Professional Conduct on the topic of legal outsourcing, and they want to know what you think. If you want a sort-of quick tutorial on the history of outsourcing, the draft is right up your alley. And check out this proposed comment to Rule 1.1 to gauge where things might be headed and whether you want to comment:

A lawyer may retain other lawyers outside the lawyer’s own firm to provide or assist in the provision of legal services to a client provided the lawyer reasonably concludes that the other lawyers’ services will contribute to the competent and ethical representation of the client. The reasonableness of the conclusion will depend upon the circumstances, including: the education, experience and reputation of the nonfirm lawyers; the nature of the services assigned to the nonfirm lawyers; and the legal and ethical environment in which the services will be performed. When retaining lawyers and others outside the lawyer’s own firm, the requirements of Rule 5.5 (a) must be observed. When using the work of nonfirm lawyers in providing legal services to a client, a lawyer must also reasonably conclude that such work meets the standard of competence under this Rule. If information protected by Rule 1.6 will be disclosed to the nonfirm lawyers, informed client consent to such disclosure may be required. For example, if the rules, laws or practices of a foreign jurisdiction provide substantially less protection for confidential client information than that provided in this jurisdiction, the lawyer should obtain the client’s informed consent to such disclosure.